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Judges need to recognise ‘human side’ of lawyers, NSW chief judge says
Chief Justice Tom Bathurst 2021-02-05 10:41 pm By Christine Caulfield

Going to court shouldn’t be a “Darwinian experience” for lawyers, where only those with thick skin or no children survive, NSW’s most senior judge has said.

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‘Ancient allegations’: Judge rejects bid for new pleading in client’s 1993 case against solicitor
Legal Ethics 2021-02-05 6:05 pm By Christine Caulfield

A judge has refused a bid to file a new pleading in a $1.3 million “squabble” with an “unfortunate history” between a client and his former solicitors, one of whom is now dead, dating back to 1993.

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Griffith Hack partners peel off to start new IP firm
Intellectual Property 2021-02-05 5:36 pm By Christine Caulfield

Three former Griffith Hack partners have joined forces to launch their own IP firm, which they claim offers a “new and more holistic approach” to intellectual property.

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Ultra Tune founder wins injunction banning ex-girlfriend from releasing secret recordings
Defamation 2021-02-04 2:41 pm By Christine Caulfield

The wealthy founder of auto repair franchisor Ultra Tune has secured a temporary injunction against his ex-girlfriend and a former employee prohibiting them from distributing secret recordings after excerpts from one damaging audio file were published by Fairfax.

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High Court rejects Westpac’s ‘gloss’ on financial product advice statute
High Court 2021-02-03 10:51 am By Christine Caulfield

The High Court has dismissed an appeal by Westpac challenging a ruling that found the bank breached its duties to customers by providing personal financial advice as part of a telephone campaign encouraging customers to roll over external superannuation accounts.

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Fifth PFAS contamination class action launched against federal government
Class Actions 2021-02-03 9:05 am By Christine Caulfield

The Morrison government faces a fifth class action alleging the use of toxic firefighting foam at a Defence Force base on the South Coast of New South Wales contaminated Indigenous land.

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On judge’s urging, JBS drops PwC solicitor in privilege fight with tax office
Tax 2021-02-02 9:43 pm By Christine Caulfield

Meat processor JBS Australia has appointed new legal representation in a battle with the Australian Taxation Office over the scope of privilege attached to thousands of documents produced by its tax adviser, PricewaterhouseCoopers, after a judge raised concerns about potential conflicts of interest in PwC’s representation of its client.

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ATO secures $138M settlement with Isreal Discount Bank in Binetter family tax fraud case
Tax 2021-02-01 10:39 pm By Christine Caulfield

The Australian Taxation Office has reached a $138 million settlement in proceedings against Israel Discount Bank, the last remaining defendant in a long-running case over an alleged international tax evasion scheme involving the Binetter family, founders of Nudie Juice.

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Judge refuses class action’s bid to amend forex cartel case against banks
Class Actions 2021-02-01 3:24 pm By Christine Caulfield

A judge has sided with five investments banks and rejected a bid to amend a class action alleging a series of cartel agreements to rig foreign exchange rates, saying there were “substantial problems” with the proposed pleadings.

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Concerns about courts wading into funding commission rates ‘exaggerated’, judge says
Class Actions 2021-01-29 10:08 pm By Christine Caulfield

Concerns behind criticism that courts aren’t equipped to assess a class action funder’s commission are exaggerated, and the fixing by judges of reasonable remuneration, at least in other cases, is nothing new, a Federal Court judge has said.

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